HomeMy WebLinkAboutO-11-16ORDINANCE NO. 0 -11 -16
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ENLARGING THE TIME DURING WHICH
POLITICAL SIGNS MAY BE POSTED, AMENDING SUB - SECTION 54-
3 -16.5 (e) (4) d. OF THE LAND DEVELOPMENT CODE OF THE CITY
OF SEBASTIAN, FLORIDA, REPEALING CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, The City of Sebastian ( "Sebastian ") was founded as a small
fishing village on the Indian River Lagoon in 1924, and
WHEREAS, Sebastian has spent a great deal of its time, effort and
financial resources in fostering and maintaining its unique "working waterfront"
heritage and small town village ambiance, and
WHEREAS, the Sebastian City Council ( "the Council ") recognizes that
political signs are important components of election campaigns, and
WHEREAS, the Council finds that:
•once posted, political signs are rarely, if ever, repaired, replaced or
maintained.
•political signs are subject to harsh weather conditions, and they
quickly fade, break apart and become damaged.
*political signs can become dangerous projectiles during hurricanes
and other tropical weather events.
•candidates and campaigns do not respond to requests to remove
or secure their political signs as hurricanes and other tropical weather systems
approach the city, and
WHEREAS, political signs involve both public health and safety issues as
well as aesthetic concerns, and
WHEREAS, the Council wishes to provide an appropriate balance between
the use of political signs by candidates and campaigns and ameliorate the public
health, safety and aesthetic issues cause by their use,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. That Subsection 54 -3 -16.5 (e) (4) d. of the Land
Development Code of the City of Sebastian, Florida, is hereby amended as
follows:
Subsection 54 -3 -16.5
(e) Temporary signs:
(4) Political signs.
d. Posting time limits. It shall be unlawful for any person to post a political
sign more than 30 75 days prior to the election in which the candidate's name or
the issue will appear, and it shall be unlawful to fail to remove a political sign
within five days after the election in which the candidate is eliminated or elected or
the issue is approve or disapproved.
Section 2. CONFLICT. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
Section 3. SEVERABILITY. In the event a court of competent
jurisdiction shall determine that any part of this Ordinance is invalid, the remainder
of the Ordinance shall not be affected and it shall be presumed that the City
Council of the City of Sebastian did not intend to enact such invalid provision. It
shall further be assumed that the City Council would have enacted the remainder
of this Ordinance without said invalid provision, thereby causing said remainder to
remain in full force and effect.
Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
Gillmor The motion was seconded by Councilmember
Coy and, upon being put to a vote, the vote was as follows:
Mayor Jim Hill absent
Vice -Mayor Don Wright aye
Councilmember Richard H. Gillmor aye
Councilmember Andrea B. Coy aye
Councilmember Eugene Wolff absent
The Mayor thereupon declared this Ordinance duly passed and adopted this
24th day of August , 2011.
CITY • .E I� � JRID
Don Wright, Vice Mayor
By:
for Mayor Jim Hill
ATTEST'
Sally A. Mai. AMC
City Clerk
Approved as to Form and Legality for
Reli ice by the City of Sebastian only.
Robert A. Ginsburg, Ci Attorney
Words stricken shall be deleted; words underlined constitute the proposed
amendment; remaining provisions continue in effect.